Version No. 052
Maintenance Act 1965
No. 7289 of 1965
Version incorporating amendments as at
29 March 2022
TABLE OF PROVISIONS
Section Page
Part I—Preliminary
1Short title and commencement
2Repeal and saving
3Definitions
Part II—Maintenance orders
Division 1—Jurisdiction and powers of Magistrates' Court
Subdivision 1—General
4General jurisdiction in respect of maintenance and other orders
5Means of support and matters affecting amount of orders
Subdivision 2—Orders against husbands for maintenance of wives and against parents for maintenance of children
6Court may make order against husband for support of wife
Subdivision 3—Orders against wives for maintenance of husbands
9Court may order wife to support husband
Subdivision 4—Orders against unmarried fathers or mothers for maintenance of children
Subdivision 5—Orders against putative fathers for preliminary expenses and for maintenance of unborn children
Subdivision 6—Orders for funeral expenses
Subdivision 7—Orders for medical and like expenses
16Further order for payment of medical and like expenses
Division 2—Ancillary and interim orders
Subdivision 1—Orders for custody of children, &c.
Subdivision 2—Nominal orders
18Orders directing payment of nominal sum only
Subdivision 3—Preliminary and interim maintenance orders
20Interim orders for payment of maintenance
Division 3—General
Subdivision 1—Commencement and duration of orders
23Orders for support may include limited provision for past maintenance
24Duration of order for support of wife or husband
25Recovery of arrears after cessation of order
Subdivision 2—Evidentiary
26Constructive desertion by conduct
27Evidence of mother or defendant as to paternity of child
28Proof of marriage
Division 4—Discharge, suspension and variation of orders
29Power to court to discharge suspend or vary order
30Effect of suspension of order
Division 5—Revival of orders
32Power to court to revive suspended order
Part III—Procedural
33Making of complaints and issue of summons
34Manner of making applications
35Orders may direct mode of payment
36Further orders
37Application of Magistrates' Court Act 1989
38Power to court to proceed in absence of defendant in certain cases
39Setting aside order made in the absence of the defendant
Part IV—Enforcement of orders
Division 1—Orders made in Victoria
Subdivision 1—Orders for sale of goods, &c.
40Orders for seizure of goods, chattels, securities, rents etc.
Subdivision 2—Registration of certificate of arrears
41Registration of arrears in Supreme Court or County Court
Subdivision 3—Attachment of debts
42Attachment of debts
Subdivision 4—Imprisonment on proof of disobedience
43Court may commit defendant to prison
44Court not to commit to prison in certain cases
45Court may order mode of payment
45AGovernor may order discharge of defaulter
Subdivision 5—Attachment of earnings
46Definitions
47Attachment of earnings order
48Employer to make payments under order
49Attachment of earnings order instead of other order
50Discharge of variation of order
51Cessation of attachment of earnings order
52Compliance with order
53Where two or more orders are in force
54Notice to defendant of payments made
55Determination as to what payments are earnings
56Service
57Offence and defence
58Dismissal of an employee
59Reimbursement of wages and reinstatement
60Application of Subdivision
61Payments by Crown etc.
Subdivision 6—General
62Provision where defendant supported wife husband or child during any period
63Court may require defendant to state his employer etc.
64Duties of clerk…